LEGISLATIVE RECORD - HOUSE, May, 24, 1999
ONE HUNDRED AND NINETEENTH LEGISLATURE
FIRST REGULAR SESSION
57th Legislative Day
Monday, May 24, 1999
The House met according to adjournment and was called to order by the Speaker.
Prayer by Reverend Michael Ring, First Congregational Church and Oxford Congregational Church, Mechanic Falls.
National Anthem by Belfast Area High School Chorus.
Pledge of Allegiance.
Doctor of the Day, Larry Harcourt, M.D., Scarborough.
The Journal of Friday, May 21, 1999 was read and approved.
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SENATE PAPERS
Non-Concurrent Matter
Bill "An Act to Amend Maine's Family and Medical Leave Law"
(S.P. 511) (L.D. 1512)
PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-217) AND HOUSE AMENDMENT "A" (H-576) in the House on May 17, 1999.
Came from the Senate PASSED TO BE ENGROSSED AS AMENDED BY COMMITTEE AMENDMENT "A" (S-217) AND HOUSE AMENDMENT "A" (H-576) AS AMENDED BY SENATE AMENDMENT "B" (S-323) thereto in NON-CONCURRENCE.
On motion of Representative MATTHEWS of Winslow, TABLED pending FURTHER CONSIDERATION and later today assigned.
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COMMUNICATIONS
The Following Communication: (H.C. 203)
STATE OF MAINE
ONE HUNDRED AND NINETEENTH LEGISLATURE
COMMITTEE ON CRIMINAL JUSTICE
May 19, 1999
Honorable Mark W. Lawrence, President of the Senate
Honorable G. Steven Rowe, Speaker of the House
119th Maine Legislature
State House
Augusta, Maine 04333
Dear President Lawrence and Speaker Rowe:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Criminal Justice has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 2098An Act to Improve the Safety of Firefighters
We have also notified the sponsor and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Robert E. Murray, Jr.
Senate Chair
Rep. Edward J. Povich
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 204)
STATE OF MAINE
ONE HUNDRED AND NINETEENTH LEGISLATURE
COMMITTEE ON HEALTH AND HUMAN SERVICES
May 19, 1999
Honorable Mark W. Lawrence, President of the Senate
Honorable G. Steven Rowe, Speaker of the House
119th Maine Legislature
State House
Augusta, Maine 04333
Dear President Lawrence and Speaker Rowe:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Health and Human Services has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 1229Resolve, to Promote Community Mental Health Services
We have also notified the sponsor and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Judy Paradis
Senate Chair
S/Rep. Thomas J. Kane
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 205)
STATE OF MAINE
ONE HUNDRED AND NINETEENTH LEGISLATURE
COMMITTEE ON INLAND FISHERIES AND WILDLIFE
May 19, 1999
Honorable Mark W. Lawrence, President of the Senate
Honorable G. Steven Rowe, Speaker of the House
119th Maine Legislature
State House
Augusta, Maine 04333
Dear President Lawrence and Speaker Rowe:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Inland Fisheries and Wildlife has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 187An Act to Change the Dates of the Moose Hunting Season
L.D. 325An Act to Change the Time of the Moose Hunting Season
L.D. 446An Act to Amend the Application Process for the Moose Lottery
L.D. 513An Act to Require Resident Moose Lottery Applicants to Hold Big Game Hunting Licenses
L.D. 520An Act to Increase the Number of Moose Hunting Permits to 3,000
L.D. 844An Act to Change the Moose Hunting Season to the Last Week of September
L.D. 978An Act to Allow a Subpermittee on a Moose Hunting Permit to Be Named after the Moose Lottery
L.D. 1150An Act to Amend the Moose Hunting Laws
L.D. 1387An Act to Facilitate Moose Hunting Permits for Active Military Personnel BY REQUEST
L.D. 1465An Act Regarding Qualifications to Enter the Moose Lottery
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Marge L. Kilkelly
Senate Chair
S/Rep. Matthew Dunlap
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 206)
STATE OF MAINE
ONE HUNDRED AND NINETEENTH LEGISLATURE
COMMITTEE ON STATE AND LOCAL GOVERNMENT
May 21, 1999
Honorable Mark W. Lawrence, President of the Senate
Honorable G. Steven Rowe, Speaker of the House
119th Maine Legislature
State House
Augusta, Maine 04333
Dear President Lawrence and Speaker Rowe:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on State and Local Government has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 1351An Act to Require that Members of the Workers' Compensation Board be Subject to Review by the Joint Standing Committee on Labor
We have also notified the sponsor and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Peggy A. Pendleton
Senate Chair
S/Rep. Douglas J. Ahearne
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 207)
STATE OF MAINE
ONE HUNDRED AND NINETEENTH LEGISLATURE
COMMITTEE ON TAXATION
May 21, 1999
Honorable Mark W. Lawrence, President of the Senate
Honorable G. Steven Rowe, Speaker of the House
119th Maine Legislature
State House
Augusta, Maine 04333
Dear President Lawrence and Speaker Rowe:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Taxation has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 2102An Act to Exempt from Use Tax Merchandise that is Donated to a Nonprofit Organization
We have also notified the sponsor and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Richard P. Ruhlin
Senate Chair
S/Rep. Kenneth T. Gagnon
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 208)
STATE OF MAINE
ONE HUNDRED AND NINETEENTH LEGISLATURE
COMMITTEE ON TAXATION
May 19, 1999
Honorable Mark W. Lawrence, President of the Senate
Honorable G. Steven Rowe, Speaker of the House
119th Maine Legislature
State House
Augusta, Maine 04333
Dear President Lawrence and Speaker Rowe:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Taxation has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 2071An Act Concerning Penalties Under the Maine Tree Growth Law and the Farm and Open Space Law
We have also notified the sponsor and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Richard P. Ruhlin
Senate Chair
S/Rep. Kenneth T. Gagnon
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 209)
STATE OF MAINE
ONE HUNDRED AND NINETEENTH LEGISLATURE
COMMITTEE ON TRANSPORTATION
May 19, 1999
Honorable Mark W. Lawrence, President of the Senate
Honorable G. Steven Rowe, Speaker of the House
119th Maine Legislature
State House
Augusta, Maine 04333
Dear President Lawrence and Speaker Rowe:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Transportation has voted unanimously to report the following bills out "Ought Not to Pass":
H.P. 1568Joint Order - Relative to Establishing the Commission to Study the Fairness of the Maine Turnpike
L.D. 53Resolve, Requiring the State to Reimburse Towns for the Construction of Salt and Sand Storage Facilities
L.D. 2205An Act to Require Legislative Approval of the Automation of 2 Drawbridges between Kittery and Portsmouth, New Hampshire
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. William B. O'Gara
Senate Chair
S/Rep. Joseph M. Jabar, Sr.
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 210)
STATE OF MAINE
ONE HUNDRED AND NINETEENTH LEGISLATURE
COMMITTEE ON HEALTH AND HUMAN SERVICES
May 21, 1999
Honorable Mark W. Lawrence, President of the Senate
Honorable G. Steven Rowe, Speaker of the House
119th Maine Legislature
State House
Augusta, Maine 04333
Dear President Lawrence and Speaker Rowe:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Health and Human Services has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 2167An Act to Ensure the Availability of Funds for Tobacco Prevention and Control
L.D. 2169An Act to Establish the Trust Fund for a Healthy Maine
L.D. 2191An Act to Establish the Maine Tobacco Endowment Fund Using Tobacco Settlement Funds
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Judy Paradis
Senate Chair
S/Rep. Thomas J. Kane
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (S.C. 299)
SENATE OF MAINE
OFFICE OF THE SECRETARY
3 STATE HOUSE STATION
AUGUSTA, MAINE 04333
May 21, 1999
The Honorable G. Steven Rowe
Speaker of the House
2 State House Station
Augusta, Maine 04333
Dear Speaker Rowe:
In accordance with Joint Rule 506, please be advised that the Senate today confirmed the following nominations:
Upon the recommendation of the Joint Standing Committee on Banking and Insurance, the nominations of Howard R. Gray, Jr. of Portland for appointment as the Superintendent of the Bureau of Banking and William N. Lund of Falmouth for reappointment as the Director of the Office of Consumer Credit Regulation.
Upon the recommendation of the Joint Standing Committee on Education and Cultural Affairs, the nominations of Barry D. McCrum of Mars Hill and Edward A. Fox of Harborside for appointment and Albert B. Glickman of Cape Elizabeth for reappointment to the University of Maine System Board of Trustees.
Upon the recommendation of the Joint Standing Committee on Labor, the nomination of Catherine R. Sullivan of Portland for appointment to the Maine State Retirement System Board of Trustees.
Upon the recommendation of the Joint Standing Committee on Natural Resources, the nominations of Martha G. Kirkpatrick of Newcastle for appointment as the Commissioner of the Department of Environmental Protection; Ernest W. Hilton of Starks and Virginia N. Plummer of Turner for appointment and John D. Tewhey of Gorham and John F. Marsh of West Gardiner for reappointment to the Board of Environmental Protection.
Upon the recommendation of the Joint Standing Committee on State and Local Government, the nominations of Patricia Lemaire of Lewiston and Barbara Longfellow of Winthrop for appointment to the Workers’ Compensation Board.
Upon the recommendation of the Joint Standing Committee on Legal and Veterans Affairs, the nominations of Virginia Constantine of Bar Harbor and Michael E. Carpenter of Houlton for appointment and Harriet P. Henry of Standish for reappointment to the Commission on Governmental Ethics and Election Practices and Orland G. McPherson of Eliot and Edwin W. Bowden of Camden for reappointment to the State Liquor and Lottery Commission.
Thank you for your attention to this matter.
Sincerely,
S/Joy J. O’Brien
Secretary of the Senate
READ and ORDERED PLACED ON FILE.
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The Following Communication: (S.C. 301)
SENATE OF MAINE
OFFICE OF THE SECRETARY
3 STATE HOUSE STATION
AUGUSTA, MAINE 04333
May 21, 1999
The Honorable Joseph W. Mayo
Clerk of the House
State House Station 2
Augusta, ME 04333
Dear Clerk Mayo:
Please be advised the Senate today adhered to its previous action whereby the Majority Ought Not To Pass Report from the Committee on Judiciary on Bill "An Act to Ban Partial Birth Abortion" (I.B. 1) (L.D. 1593), was accepted.
Sincerely,
S/Joy J. O’Brien
Secretary of the Senate
READ and ORDERED PLACED ON FILE.
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SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items:
Recognizing:
the Poland "Panthers" Varsity Cheerleaders, who won 2nd place at the State Class B Junior High Varsity Cheering Competition. Members of the cheerleading squad include: Nicole Cameron, Jessica Verrill, Jada Holloway, Chelsea Plourde, Meghan Cote, Jen Gray, Chelsea Dionne, Megan Paine, Regina Goyette, Casey Audet, Leah DeWitt, Paige Griffiths, Jaime Lam, Jessica Plowman and Angie Corcoran. We send our congratulations to the cheerleaders and Coach Rose White on this accomplishment;
(HLS 443)
Presented by Representative SNOWE-MELLO of Poland.
Cosponsored by Senator DOUGLASS of Androscoggin.
On OBJECTION of Representative SNOWE-MELLO of Poland, was REMOVED from the Special Sentiment Calendar.
READ.
The SPEAKER: The Chair recognizes the Representative from Poland, Representative Snowe-Mello.
Representative SNOWE-MELLO: Mr. Speaker, Men and Women of the House. It is a tremendous privilege for me to rise today to salute the Poland Community School Varsity Cheerleading Squad. Under the leadership of Coach Rose White, the Lady Panthers took second place at the State Class B Junior High Varsity Cheering Competition. This is a classic story of David versus Goliath. Little Poland Community School with a total student population of 615 students, that is K-8 folks, only 146 students in the seventh and eighth grade goes into the state cheering competition and knocks off many of the powers in Class B.
The Poland Community is very proud of the cheerleading Squad's achievements. The team has been a great ambassador for our town, demonstrating the same character and principles that have played a pivotal role in the development of our community.
The Lady Panther's success can be attributed to their athletic talent, hard work, energy and commitment. Coach White also deserves a great deal of credit for having the team confident, well prepared and focused for the state competition. Anyone in this Chamber who has dealt with teenagers knows it is no easy job to keep them on task.
Next year a number of the cheerleading squad members will move on to high school. They will be a part of the first freshman class at the brand new Poland High School. The Lady Panthers will assure that our new cheering squad will have a strong foundation of well-coached, experienced athletes capable of making an immediate impact at high school cheering competitions.
Again, it is a great honor to acknowledge the accomplishments of the Poland Community School Varsity Cheerleading Squad. Ladies, as your State Representative, I am very proud of your achievements, but I am even more proud of what you have done as a resident of Poland. Thank you.
PASSED and sent for concurrence.
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Under suspension of the rules, members were allowed to remove their jackets.
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In Memory of:
Ronald E. Johnson, a life-long professional lobsterman, a selectman of the Town of Harpswell for 13 years and a founder of the Harpswell Youth Baseball League. Mr. Johnson, the beloved husband of Kathleen R. Johnson and the loving father of Matthew Johnson, had a profound love for lobstering and the sea. As a selectman, his concerns were for his native Harpswell community and for the fishing industry. He was a member of the Shellfish Committee and the Harbor and Waterfront Committee and a member of the Harpswell Boat Races Committee. Mr. Johnson was also a deacon and moderator of the West Harpswell Baptist Church, a steward of Merriconeag Grange, past president and vice president of Sage Swingers. He will be greatly missed by his family and many friends;
(HLS 352)
Presented by Representative ETNIER of Harpswell.
Cosponsored by Senator SMALL of Sagadahoc.
On OBJECTION of Representative ETNIER of Harpswell, was REMOVED from the Special Sentiment Calendar.
READ.
The SPEAKER: The Chair recognizes the Representative from Harpswell, Representative Etnier.
Representative ETNIER: Mr. Speaker, Colleagues of the House. I would like to preface my remarks by saying I have never done a memoriam before in my five years here. Please bear with me as I attempt to justice to this one.
On April 22nd of this year, Maine lost one of its finest citizens, Casco Bay lost one of its best lobstermen and my hometown of Harpswell lost one of its finest native sons.
Ron Johnson epitomized what is best about town and our state. His devotion to his family, to his church, to his work and to his community was unsurpassed and remains as the standard for those of us who he left behind. Ron was a big man and strong man and despite the abuse one receives for 13 years of public service as a selectman, he remained a quiet man and a gentle man, with a quick smile and no ill will toward anyone.
These past five years since I've had the honor of holding this office, whenever I'd run into Ron we would exchange notes regarding the relatively thankless job of public service as an elected official. We would toss around some of the various proposed remedies to the ever-increasing pressure on the lobster industry. We'd commiserate over some of the recent inaccurate and misleading local newspaper stories regarding activities in Harpswell's town office. In the end, he would shake his head and wonder how I put up with being in Augusta and I would express the same wonderment as to how he managed to handle the job of selectman for all these years and yet never loses his patience or his warm sense of humor.
Ron's loss creates a tremendous void to be filled in our community of Harpswell. Those of us who remain will have to shoulder the responsibilities that he can no longer take care of for us. And try as we may, we will never be able to completely compensate for his loss.
Gary LeClair, a friend and fellow lobersteman, said it best about the effect of Ron's passing. I quote, "Ron was an anchor in the town. He was a gentleman, gentleman lobersterman, a pleasure to fish around. As a selectman, his concerns were for the native Harpswell community and for the fishing industry and making sure we could all live here for the rest of our lives."
Please join with me today in honoring the memory of Ron Johnson, one of Maine's finest.
ADOPTED and sent for concurrence.
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REPORTS OF COMMITTEE
Divided Report
Majority Report of the Committee on JUDICIARY reporting Ought to Pass as Amended by Committee Amendment "A" (S-326) on Bill "An Act to Promote Effective Management of Occupational Exposure to HIV"
(S.P. 626) (L.D. 1791)
Signed:
Senators:
LONGLEY of Waldo
TREAT of Kennebec
BENOIT of Franklin
Representatives:
THOMPSON of Naples
BULL of Freeport
LaVERDIERE of Wilton
JACOBS of Turner
MITCHELL of Vassalboro
NORBERT of Portland